The Occupational Safety and Health Administration (OSHA) hereby
gives notice of its recognition of TUV America, Inc. (TUVAM), as a
Nationally Recognized Testing Laboratory (NRTL). The scope of this
recognition includes testing and certification of the equipment or
materials (i.e., products), and includes the sites, described later in
this notice. The recognition also includes TUVAM's use of certain
supplemental programs, also described later herein. The applicant's
NRTL activities will be handled by its TUV Product Services division. OSHA
will detail TUVAM's scope of recognition on an informational web page
for the NRTL, as further explained below.

OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Sec. 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products "properly certified" by the
NRTL to meet OSHA standards that require testing and certification.

The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

TUVAM applied for recognition as an NRTL, pursuant to 29 CFR
1910.7, and OSHA published the required preliminary notice in the
Federal Register on November 23, 2001 (66 FR 58756) to announce the
application. The notice included a preliminary finding that TUVAM could
meet the requirements for recognition detailed in 29 CFR 1910.7, and
invited public comment on the application by December 24, 2001. OSHA
received one comment in response to the notice, which was supportive of
the recognition (see Exhibit 4-1).

You may obtain or review copies of all public documents pertaining
to the application by contacting the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW, Room N2625, Washington, DC 20210. You should refer to
Docket No. NRTL2-2001, the permanent record of public information on
the TUVAM recognition.

The current addresses of the facilities (sites) that OSHA
recognizes for TUVAM are:

According to the application, TUV America, Inc., is a "privately
held Massachusetts" corporation. At time of application, the applicant
was TUV Product Services, Inc., a wholly-owned subsidiary of TUVAM and
also a "privately held Massachusetts" corporation, according to the
application. However, TUVAM informed OSHA recently that TUV Product
Services, Inc. (TPS), no longer exists as a separate legal entity but
is now a division within TUVAM. As stated above, this division would
handle TUVAM's NRTL activities. As a result, OSHA primarily evaluated
the testing and certification capabilities of this division and former
separate entity.

The application states that TUV Product Services, Inc., was
incorporated in 1990, and that it has "10 years of experience with
[testing] medical, telecommunications, computing, industrial machinery
and controls, software, consumer electronics, sporting, and appliance
products." The applicant submitted information that traces its origins
to German steam boiler inspection associations founded in the 1870's
"to help regulate and supervise the safety of steam installations in
the interest of public safety." TUV Product Services GmbH (TUVPSG),
which is organizationally part of TUVAM's parent company, included
similar information in its application for recognition. OSHA already
processed TUVPSG's application and granted it recognition on July 20,
2001 (seeFederal Register notice: 66 FR 38032).

Although TUVAM and TUVPSG are affiliated, they have separate
operations and are legally distinct, and their recognition is separate.
However, by their own arrangement, both organizations will utilize the
same registered certification mark for purposes of their NRTL
certifications. OSHA imposed a condition on TUVPSG regarding use of
this mark and imposes a related condition on TUVAM, as described later
in this notice.

The application showed that TUVAM was owned by TUV Suddeutschland
and TUV Nord, both based in Germany. However, as mentioned in the March
16 notice for TUVPSG, TUV Suddeutschland has since become sole owner of
TUVAM. Also, TUV Suddeutschland provides testing and other technical
services in a number of areas throughout the world. The on-site review
report (see Exhibit 3) indicates that TUVAM "receives administrative
and technical direction" from TUVPSG. Moreover, the report indicates
that TUVAM owns, and its TPS division operates, laboratories at
additional U.S. locations, i.e., sites not listed above. The
recognition only covers the three sites listed above, of which the
Danvers site is currently TUVAM's headquarters.

TPS and therefore TUVAM submitted an application for recognition,
dated February 1, 1999 (see Exhibit 2). In response to a request from
OSHA for clarification and additional information, TUVAM supplemented
its application in a submission dated November 9, 1999 (see Exhibit 2-
1). In addition, the applicant provided additional documents on April
28 and May 1, 2000. It also supplemented its application on May 9, 2001
(see Exhibit 2-2), clarifying the test standards it requests for
recognition and the supplemental programs it wishes to use.

The applicant originally requested recognition for 18 test
standards. However, the NRTL Program staff determined that 3 of these
test standards are not "appropriate test standards," within the
meaning of 29 CFR 1910.7(c). The staff makes such determinations in
processing NRTL applications. Therefore, OSHA recognizes TUVAM for the
15 test standards listed below (see List of Test Standards).

Some documents in the November 9 submission, and virtually all of
its documents in the original application, have been designated as
"confidential" by the applicant. We follow provisions of 29 CFR part
70 in determining whether we can or must disclose application
information. This part generally deals with procedures to process a
request for disclosure under the Freedom of Information Act (FOIA).
Under Subpart B of this Part 70, information designated as confidential
by a business submitter may be afforded protection under Exemption 4 of
the FOIA. This exemption protects commercial or financial information,
the disclosure of which would cause substantial competitive harm to the
submitter.

As part of our normal process for handling applications, OSHA
requested that the applicant provide reasons for designating
application documents as confidential, and specifically whether
disclosure would cause it substantial competitive harm. The applicant
provided the necessary justification in its response dated November 9,
1999 (see Exhibit 2-1). Generally, the applicant maintains the 4 levels
of operational documentation mentioned in international quality
standards. It generally considers its level 3 and 4 documents to be
confidential or privileged, and so stated in revising the designations
in its November 9 response. These documents are detailed internal
procedures that explain more specifically how the applicant does or
will operate.

OSHA has evaluated the applicant's designations and determined that
disclosure of certain documents in the original application, and all or
a portion of the documents in the November 9, April 28, and May 1
supplements to the application described above, could potentially give
to prospective or current competitors knowledge that could cause the
applicant substantial competitive harm. Therefore, under the provisions
of 29 CFR part 70, those documents could be withheld from disclosure
under Exemption 4 of the Freedom of Information Act (FOIA).
Accordingly, we are not making them available for public review and
have not included those documents in the public docket for the
application, which we further describe later in this notice. OSHA has
previously withheld from disclosure similar such documents in response
to FOIA requests received concerning documents submitted by other
NRTLs.

Staff of the NRTL Program performed an on-site review (assessment)
of the Danvers, Massachusetts, facility on October 23-26, 2000. The
staff performed the reviews of the sites at San Diego and New Brighton
on December 4-8, 2000. In the on-site review report (see Exhibit 3),
the program staff recommended a "positive finding," signifying that
the applicant appears to meet the requirements for recognition in 29
CFR 1910.7.

Regarding the merits of the application, the applicant presented
detailed documentation that describes how it currently performs its
testing and certification activities. The policies, procedures, work
instructions, methods, and other practices described in this
documentation will be used in its operations as an NRTL. Where
appropriate, it has supplemented or modified the policies and
procedures to conform to OSHA's requirements for an NRTL under 29 CFR
1910.7.

TUVAM currently performs product testing and certification
activities, primarily for purposes of showing conformity to European
based testing standards, such as EN and IEC standards, as indicated in
the review report. It provided forms it uses when performing tests
required under EN 60950. One of the test standards for which it
requests recognition is UL 1950, which is equivalent to EN60950 but
includes the US deviations. TUVAM has also performed testing to US-
based test standards, such as UL 1950. As part of its current
certification activities, it conducts initial and follow-up inspections
at manufacturers' facilities, one facet of the activities that NRTLs
recognized by OSHA must perform. It also authorizes the use of
certification marks, another aspect of the work that NRTLs must
perform. For purposes of its certifications under OSHA's NRTL Program,
TUVAM will utilize a US certification mark. At the time of preparation
of this notice, the registration of this mark is still pending. As
already mentioned, both TUVAM and TUVPSG will utilize the same
registered certification mark for purposes of their NRTL
certifications.

The four recognition requirements of 29 CFR 1910.7 are presented
below, along with an explanation illustrating how TUVAM has met or
plans to meet each of these requirements.

Capability

Section 1910.7(b)(1) states that for each specified item of
equipment or material to be listed, labeled or accepted, the laboratory
must have the capability (including proper testing equipment and
facilities, trained staff, written testing procedures, and calibration
and quality control programs) to perform appropriate testing.

The application and on-site review report indicate that TUVAM has
adequate testing equipment and adequate facilities to perform the tests
required under the test standards for which it seeks recognition.
Security measures are in place to restrict or control access to their
facility, and procedures exist for handling test samples. The
application and report also indicate that testing and processing
procedures are in place, and the application describes the program for
the development of new testing procedures. The applicant submitted a
listing and examples of specific test methods that it currently uses
and will utilize for its NRTL testing activities.

It utilizes outside calibration sources and does not intend to
perform internal calibrations of equipment used for its NRTL testing
activities. The application indicates that TUVAM maintains records on
testing equipment, which include information on repair, routine
maintenance, and calibrations. The application and on-site review
report address personnel qualifications and training, and identify the
applicant's staff involved with product testing, along with a summary
of their education and experience. Also, the report indicates that
TUVAM personnel have adequate technical knowledge for the work they
perform. Moreover, the review report describes the applicant's quality
assurance program, which is explained in more detail in its Integrated
Management System (IMS) manual. Finally, the applicant performs
internal system and internal technical audits of its operations on a
regular basis.

Control Procedures

Section 1910.7(b)(2) requires that the NRTL provide certain
controls and services, to the extent necessary, for the particular
equipment or material to be listed, labeled, or accepted. They include
control procedures for identifying the listed or labeled equipment or
materials, inspections of production runs at factories to assure
conformance with test standards, and field inspections to monitor and
assure the proper use of identifying marks or labels.

The applicant has procedures and related documentation for
initially qualifying a manufacturer and for performing the required
follow-up inspections at a manufacturer's facility. In its procedures,
TUVAM identifies criteria it will use to determine the frequency for
performing these follow-up factory inspections. It has adopted the
criteria detailed in OSHA policies for NRTLs, which specify that NRTLs
perform no fewer than four (4) inspections per year at certain
facilities and no fewer than two (2) inspections per year under certain
conditions. The factory inspections would be one part of the activities
that the applicant will utilize in controlling its certification mark.
In its application, TUVAM included evidence of its application for
registration of a TUV certification mark with the U.S. Patent and
Trademark Office (USPTO). As previously mentioned, this mark is still
pending approval by the USPTO.

The applicant has procedures for control and issuance of product
certifications. According to the review report, TPS "has been involved
in a certification program for over ten years." As indicated in the
report, the TPS Certification Body has been recently established under
the TPS division but will operate in a manner consistent with the
applicant's current certification practices, under which a Technical
Certifier issues the formal product certification. As stated in the report, only those certifiers
that are "[TPS] employees and reside at one of the recognized sites
will be authorized to certify" a product for purposes of TUVAM's NRTL
operations. The applicant maintains a detailed database of the product
certifications, which will serve as its listing record. The application
contains policies and terms and conditions to address control of a
certification mark, and the procedures for such control are integral to
more detailed procedures that the applicant uses for processing its
certification certificates. For purposes of OSHA's NRTL Program, tight
control by the NRTL of its certification mark is essential and
procedures for such control must ensure that the NRTL's registered mark
is applied to those products that the NRTL has certified. Such control
must be proactive and not just reactive. TUVAM's control of a U.S.
registered certification mark under the type of certification process
required in OSHA's NRTL Program regulations will be a new activity for
the applicant, and we include a condition related to this control.

Independence

Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers subject to the tested equipment requirements,
and of any manufacturers or vendors of equipment or materials being
tested for these purposes.

As previously stated, TUV Suddeutschland is currently the sole
owner of TUVAM. In addition, the information reviewed by OSHA has not
indicated that TUVAM has the kinds of relationships described in OSHA
policy that would cause the applicant to fail to meet the independence
requirement. This information shows that TUVAM does not own or control
and is not owned or controlled by the kind of entities of concern to
OSHA. In addition, OSHA's review of information on business activities
and subsidiaries of TUVAM's parent company has not revealed any
apparent conflicts of interest that could adversely influence the
applicant's testing and certification activities. TUVAM has policies to
protect against conflicts of interest by its employees.

Credible Reports/Complaint Handling

Section 1910.7(b)(4) provides that an NRTL must maintain effective
procedures for producing credible findings and reports that are
objective and without bias, as well as for handling complaints and
disputes under a fair and reasonable system.

The applicant utilizes standardized formats for recording and
reporting testing data and inspection data. It has procedures for
evaluating and reporting the findings for testing and inspection
activities to check conformance to all requirements of a test standard.
The applicant provided examples of its test and inspection reporting
forms.

Regarding the handling of complaints and disputes, the applicant's
complaint and error management procedure provides the framework to
handle complaints it receives from its clients or from the public or
other interested parties. It maintains a detailed database that it uses
as part of its quality assurance activities, which provides for
recording and tracking complaint information. According to the review
report, "there have not been any complaints received concerning any of
the certifications that have issued" through the date of the review.

Supplemental Programs

TUV America, Inc., also seeks to use the supplemental programs
listed below, subject to the criteria detailed in the March 9, 1995
Federal Register notice (60 FR 12980, 3/9/95). That notice lists nine
(9) programs and procedures (collectively, programs), eight of which
(called supplemental programs) an NRTL may use to control and audit,
but not actually to generate, the data relied upon for product
certification. An NRTL's initial recognition always includes the first
or basic program, which requires that all product testing and
evaluation be performed in-house by the NRTL that will certify the
product. The on-site review report indicates that TUVAM appears to meet
the criteria for use of the following supplemental programs for which
it has applied:

Program 2: Acceptance of testing data from independent
organizations, other than NRTLs.

Program 3: Acceptance of product evaluations from independent
organizations, other than NRTLs.

Program 4: Acceptance of witnessed testing data.

Program 5: Acceptance of testing data from non-independent
organizations.

Program 8: Acceptance of product evaluations from organizations
that function as part of the International Electrotechnical Commission
Certification Body (IEC-CB) Scheme.

Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.

OSHA developed these programs to limit how an NRTL may perform
certain aspects of its work and to permit the activities covered under
a program only when the NRTL meets certain criteria. In this sense,
they are special conditions that the Agency places on an NRTL's
recognition. OSHA does not consider these programs in determining
whether an NRTL meets the requirements for recognition under 29 CFR
1910.7. However, these programs help to define the scope of that
recognition.

Additional Conditions

As already indicated, TUVAM and TUVPSG plan to utilize the same
U.S. registered certification mark for purposes of their NRTL
certifications. This is a new undertaking for the applicant and
although it has procedures for controlling a certification mark, it
still needs to further develop and refine the detailed procedures it
will use to control this particular mark. As a result, OSHA will
conditionally recognize TUVAM subject to an assessment of the detailed
procedures and practices for controlling this mark once they are in
place.

The U.S. registered mark is the only one that OSHA will recognize
for TUVAM. In addition, only the sites listed in this notice will be
able to authorize use of this mark for the TUVAM product certifications
under the NRTL Program. Conversely, no other TUVAM laboratories or
locations may authorize the use of this mark for product certifications
under the NRTL Program. To ensure the applicant and the public
understand this fact, OSHA will impose a condition to this effect. A
similar condition was imposed in the July 20, 2001, recognition notice
for TUVPSG, mentioned above.

As also noted, the applicant has recently adopted procedures
concerning the criteria for the frequency at which it will conduct
factory follow-up inspections. Here, too, it needs to refine these
procedures to effectively and properly implement the criteria. OSHA
will have to review TUVAM's approach in implementing the criteria for
the twice-per-year inspections before it begins to conduct inspections
at this frequency. As a result, OSHA will conditionally recognize TUVAM
subject to an assessment of the details of this approach once it is in
place.

Imposing these conditions is consistent with OSHA's past
recognition of certain organizations as NRTLs that met the basic
requirements but needed to further develop or refine their procedures
(for example, see 63 FR 68306 12/10/1998; and 65 FR 26637, 05/08/2000).
Given the applicant's current breadth of activities in testing and certification, OSHA is confident
that TUVAM will develop and implement procedures and practices to
appropriately perform the activities in the areas noted above.

Therefore, OSHA will impose the three conditions noted above in
this final notice. These conditions apply solely to TUVAM's operations
as an NRTL and solely to those products that it certifies for purposes
of enabling employers to meet OSHA product approval requirements. These
three conditions, listed first under Conditions below, are in addition
to all other conditions that OSHA normally imposes in its recognition
of an organization as an NRTL.

Final Decision and Order

The NRTL Program staff has examined the application, the additional
submissions, the on-site review report, and other pertinent documents.
Based upon this examination and the program staff recommendation, OSHA
finds that TUV America, Inc., has met the requirements of 29 CFR 1910.7
for recognition as a Nationally Recognized Testing Laboratory. The
recognition applies to the sites listed above. In addition, it covers
the test standards, listed below, and it is subject to the limitations
and conditions, also listed below.

Limitations

OSHA hereby limits the recognition of TUVAM to testing and
certification of products for demonstration of conformance to the test
standards listed below. OSHA has determined that each test standard
meets the requirements for an appropriate test standard, within the
meaning of 29 CFR 1910.7(c).

UL 6500 Audio/Video and Musical Instrument Apparatus for Household, Commercial, and Similar General Use

The designations and titles of the above test standards were
current at the time of the preparation of the preliminary notice.

The Agency's recognition of TUVAM, or any other NRTL, for a
particular test standard is always limited to equipment or materials
(products) for which OSHA standards require third party testing and
certification before use in the workplace. Conversely, OSHA's
recognition of an NRTL for a test standard excludes the testing of any
product(s), falling within the scope of the test standard, for which
OSHA has no such requirements.

Many of the Underwriters Laboratories (UL) test standards listed
above are also approved as American National Standards by the American
National Standards Institute (ANSI). However, for convenience in
compiling the list, we use the designation of the standards developing
organization (e.g., UL 1004) for the standard, as opposed to the ANSI
designation (e.g., ANSI/UL 1004). Under our procedures, an NRTL
recognized for an ANSI-approved test standard may use either the latest
proprietary version of the test standard or the latest ANSI version of
that standard, regardless of whether it is currently recognized for the
proprietary or ANSI version. Contact ANSI or the ANSI Web site,
http://www.ansi.org,
and click "NSSN" to find out whether or not a test standard is currently ANSI-approved.

Conditions

TUV Product Services GmbH must also abide by the following
conditions of the recognition, in addition to those already required by
29 CFR 1910.7:

Within 30 days of certifying its first products under the NRTL
Program, TUVAM will notify the OSHA NRTL Program Director so that OSHA
may review TUVAM's implementation of its procedures for controlling its
US registered certification mark in conjunction with use of this mark
by TUV Product Services GmbH of Germany;

Only TUV America, Inc., or TUV Product Services GmbH may authorize
the US registered certification mark currently owned by TUVAM, provided
each one is recognized as an NRTL by OSHA. TUVAM may authorize the use
of this mark, for purposes of its product certifications under the NRTL
Program, only at the TUVAM sites recognized by OSHA;

Prior to conducting inspections of manufacturing facilities based
on a frequency of twice per year, OSHA must review and accept the
detailed procedures that TUVAM will utilize to determine when to use
this frequency for such inspections;

OSHA must be allowed access to TUVAM's facility and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;

If TUVAM has reason to doubt the efficacy of any test standard it
is using under this program, it must promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;

TUVAM must not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, TUVAM agrees that it will allow no
representation that it is either a recognized or an accredited
Nationally Recognized Testing Laboratory (NRTL) without clearly
indicating the specific equipment or material to which this recognition
is tied, or that its recognition is limited to certain products;

TUVAM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
changes in its operations as an NRTL, including details;

TUVAM will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and

TUVAM will continue to meet the requirements for recognition in all
areas where it has been recognized.

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